Bulletin # 51

PDF version (182 kb)

August 2008

CONSUMER FIREWORKS – SUMMARY OF REGULATORY REQUIREMENTS

Fireworks are controlled by the federal Explosives Act and its regulations. The Act is administered and enforced by inspectors with the Explosives Regulatory Division (ERD) of Natural Resources Canada. The Act may also be enforced by officers with the RCMP, OPP, SQ, or municipal police bomb squads. The following sections summarize the requirements for each of the activities covered by the Explosives Regulations.

Municipalities may have their own by-laws and regulations regarding fireworks, e.g., many jurisdictions restrict the sale of fireworks to certain holidays during the year. The Explosives Act does not exempt anyone from complying with local requirements that may be more stringent.

Classification

• Consumer fireworks are low-hazard articles designed for recreational use and they are classed 7.2.1 in the Explosives Regulations and 1.4G in the Transportation of Dangerous Goods (TDG) Regulations.
• They include fountains, wheels, Roman candles, sparklers, Christmas crackers, volcanoes, mines, snakes, and toy pistol caps.

Sale

• Consumer fireworks may be sold to persons who are at least 18 years of age.
• Customers are not permitted to handle any fireworks articles that are not in approved packaging until the articles have been purchased.
• The retailer must display fireworks for sale in accordance with the following section.

Displaying Consumer Fireworks

• Consumer fireworks on display must be separated into lots not exceeding 25 kg gross weight. The separation must be sufficient to prevent fire from spreading rapidly from one lot to the next and may consist, for example, of:
  • an aisle with a minimum width of 1.1 metres, or
  • a 6-mm plywood partition that extends 15 cm above the height of the lot or to the display shelf above.The fireworks must be kept away from flammable goods and not be exposed to the sun or direct heat.
• Fireworks on display must be in a consumer pack (e.g., family or blister pack), a glass case, or other suitable receptacle (e.g., shelves that are out of reach of the public). Fireworks articles not in approved packaging must be inaccessible to the public.
• It is unacceptable to set up display boards that employ live fireworks, even if the fuses are removed (the alteration of fireworks is prohibited by the Explosives Act). The display boards should contain only inert articles, which may be obtained from your distributor or the product manufacturer.
• Fireworks on display must be attended by an employee.
• If fireworks are displayed indoors or in a trailer, there must be two unobstructed exits to ensure that employees and the public can quickly evacuate in the event of fire.
• Any fireworks not on display must be put in storage as described in the following

Storage

• A building may house up to 1000 kg gross weight of consumer fireworks provided that it is detached from a dwelling and that the building, or a dedicated portion of it, is:
  • closed to public access,
  • well constructed, and
  • used exclusively for fireworks storage.
• If the building does not meet these requirements, the fireworks may be kept in a lockable secure bin within the building, but the storage limit is reduced to 100 kg gross weight.
• Storage quantities in excess of 1000 kg gross weight require a magazine licence issued by ERD.
• The storage facility must display a warning sign marked “FIREWORKS.”
• Storage in vehicles, e.g., trucks or vans, is prohibited.

Transportation

• The road transportation of fireworks is governed in part by the TDG regulations and in part by the Explosives Regulations, Part VI.
• Flammable goods must not be carried with fireworks.
• Smoking on, in or while attending a loaded vehicle is prohibited.
• TDG orange 1.4G placards must be displayed when transporting more than 4000 kg gross weight
• (1000 kg NEQ) of consumer fireworks.
• Fireworks must not be transported in the passenger compartment of a vehicle. When transporting fireworks in a car, use the trunk, or in a mini-van or sport-utility vehicle, use the cargo compartment; the maximum quantity for these types of vehicles is 300 kg (75 kg NEQ).

Authorization

• Only fireworks authorized pursuant to the Explosives Regulations may be imported into or manufactured, transported, possessed or used in Canada.
• Contraband items such as “cherry bombs,” snaps, “silver salutes,” “M-80 salutes,” flash crackers, throwdown torpedoes, cigarette loads, trick matches, and all trick fireworks are prohibited.
• The List of Authorized Explosives is published on the ERD web site at www2.nrcan-rncan.gc.ca/mms/lae-lea/index.cfm?lang=eng.
• The properties and characteristics of all legally manufactured or imported fireworks are tested for compliance with specific safety and reliability criteria set by the Chief Inspector of Explosives, e.g., chemical stability and sensitivity. Another requirement is for any instructions to be in both English and French; if a firework has unilingual instructions, it is likely that the firework is not an authorized product.

Importation

• An Importation Permit is required to import fireworks, with the exception of Christmas crackers. A permit will only be granted for fireworks that appear on the List of Authorized Explosives.
• For information on obtaining a permit, contact the ERD headquarters office by telephone at 613-948-5200.

Inspector Powers

• Inspectors may enter and inspect any place in which fireworks are being stored, transported or used; they may open and inspect any room, container or package.
• Any fireworks acquired, transported, sold or stored in contravention of the Act may be seized by an inspector.
• Persons present during inspections are obliged to do any of the following if requested:
  • provide assistance so that the inspectors can carry out their duties,
  • produce, extract or copy any relevant documents, and
  • comply with any safety measures as directed by inspectors.
• Any person who obstructs an inspector is guilty of an offence under the Act and is liable to a fine of up to $5000 and/or imprisonment of up to six months.

Chris Watson, Ph.D.
Chief Inspector of Explosives

Att. (1)

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Acceptable

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Unacceptable

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